JACOB Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner seeks for a mandamus directing the second respondent to refer his minor daughter named in the writ petition before the second respondent to abort her pregnancy forthwith as per Sec. 3 of the Medical Termination of Pregnancy Act.

(2.) The case of the petitioner is as follows: The petitioner is a Coolie and her daughter named in the writ petition was born on 25/10/2003 and is studying in IX standard in a private Girls Higher Secondary School, Chennimalai. On 24/2/2019, evening at 8 p.m., she went for shopping and thereafter, she did not return home. The petitioner gave a police complaint to the fourth respondent and a case in Crime No.133/2019 was registered for girl missing. One Abishek is resident of Komarapalayam village. He is a school drop out and lured the petitioner's daughter under the pretext of marriage. On 17/1/2019, while his daughter was going to school, the said person followed his daughter under the pretext of marriage and has taken her to his house and forcibly assaulted her sexually. He forcibly taken his daughter to Mysore and continuously sexually assaulted her. On account of the same, his minor daughter became pregnant. On coming to know about the police complaint, on 3/3/2019, the said person left the minor daughter at Kankeyam bus stand. Thereafter, on 3/3/2019, the third respondent altered the offence under Sec. 366 (A) IPC and Sec. 5(1)(j) (ii) read with Sec. 6 of POCSO Act, 2012. The said accused has been remanded to judicial custody and the petitioner's daughter was sent to medical examination. The petitioner reliably understand that the age of the womb was found to be 16 weeks. Since the petitioner's minor daughter is 14 years aged girl and IX standard student, bearing a child at such a young age is not good for her health and for her future. The petitioner's daughter was made pregnant on account of rape committed by the accused. If the pregnancy of his daughter is allowed to continue, it would affect her study and also will involve a risk to her life apart from causing grave injury to her physical and mental health. Therefore, the present writ petition is filed with the relief stated supra.

(3.) When the matter was taken up for admission on 26/3/2019, this Court, after considering the facts and circumstances and the submissions made by the learned counsel for the petitioner, passed an interim order, thereby directing the Medical Board constituted under the Medical Termination of Pregnancy Act, 1971, at the second respondent Government Headquarters Hospital to examine the petitioner's minor daughter and file a report before this Court by today (29/3/2019). Accordingly, the matter is listed today for further hearing.